Legal Question in Employment Law in Pennsylvania

Re: mandatory overttime

The overtime laws are complex, but the general rule is (with exceptions) that persons are entitled to overtime.

An employee is entitled to at least minimum wage and overtime pay at time and a half for all hours worked over 40 hours per week. However, the federal Fair Labor Standards Act (FLSA) and Pennsylvania�s Minimum Wage Act do not require overtime pay for �any employee engaged in a bona-fide executive, administrative, or professional capacity� who is paid on a salaried basis instead of an hourly wage. (29 U.S.C. � 213a(1), 43 P.S. � 333.105a(5)).

The United States Department of Labor (USDOL) published its revised final regulations concerning its overtime requirements under the FLSA on April 23, 2004. (29 CFR 541). The new federal regulations take effect on August 23, 2004. The new federal overtime regulations revise the types of workers eligible for overtime and set a higher salary cap for eligible workers (See: www.dol.gov).

Impact on Pennsylvania Employers

Pennsylvania employers must still comply with the overtime requirements of Pennsylvania's Minimum Wage Act (35 P.S. � 333.101 et seq.) and regulations. (34 Pa. Code � 231.1 et seq.). Pennsylvania�s existing state requirements are still in effect. Pennsylvania�s current requirements are substantially similar to the earlier federal standards.

For example, Pennsylvania does not allow an employer to restrict overtime if an employee earns a certain salary. The revised federal regulations allow an employer to restrict overtime if an employee is earning over $100,000 annually. However, this federal exclusion does not apply to Pennsylvania employees because of Pennsylvania law.

For example, the Federal rules do not require overtime for computer employees. However, Pennsylvania law currently requires overtime for computer employees. accordingly, overtime must be paid to computer employees if there are no other Pennsylvania laws excluding these employees from overtime.